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(영문) 부산지방법원 2015.11.04 2015고단4834
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in CM520.

On April 9, 2015, the Defendant driven the above car on April 08:40, 2015, and driven the two-lane road in front of the Gyeongwon High School located in the city of Busan, Busan, at a speed that would not be known depending on the one-lane road from the shooting distance of the main complex road to the white-sea tunnels.

Since there is a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a road by reducing speed and checking the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, by negligence, the Defendant neglected this and led to the progress of the road stop signal even though it was, the Defendant served the right side of the victim D (the age of 75) crossing the said road from the right side of the Defendant’s proceeding to the left side of the pedestrian signal.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the second part on the left-hand side, which requires medical treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A statement of occurrence of a traffic accident prepared by a defendant;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs related to traffic accidents, copies of diagnosis certificates, and medical certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria [Determination of Punishment] General Traffic Accidents, Type 1 (Bodily Injury from Traffic Accidents), and the area of aggravation [Special Sentencing] where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the scope of sentencing recommendations] from August to June;

2. A signal shall be made at a place where the decision-making crosswalks are located; and

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